Legal Question in Environmental Law in India

Caretaking of trees on part of the BMC.

The BMC had planted about a dozen trees along the lane leading to my society during this monsoon season. But unfortunately, they have never bothered to water these plants even for a single day,as a result of which some of the trees have withered away.I have been regularly watering these plants on a daily basis for the past 3-4 months to keep them alive and growing.I want to know if it is the duty of the BMC to water the plants on a regular basis.Can a RTI application be filed to seek such information.And what steps can be taken to ensure that they water the plants on a regular basis.


Asked on 1/31/09, 10:20 am

2 Answers from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Caretaking of trees on part of the BMC.

1. Yes, you can certainly file an RTI application.

2.Please make sure that there is no understanding between the Society and the BMC about watering the plants and that such understanding is not being breached by the Society.

3. Yes, you or the Society, preferably the latter, can first write to the BMC to do the needful, failing which you can file a writ in the High Court praying the Court to issue necessary directions to BMC.

M C Gupta

MD, LL.M.

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Answered on 1/31/09, 11:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Caretaking of trees on part of the BMC.

You may file an application under RTI for obtaining information; and may ask the BMC to water the plants regularly.

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Answered on 1/31/09, 1:24 pm


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